Wrestler Maxx Payne Sues Game Publisher

Ryan Barrett writes "The Associated Press reports that retired WCW wrestler, actor, and voice actor Maxx Payne is suing a group of game developers and publishers over the game Max Payne. In Payne's words, "I left wrestling to come home to Utah and be with my family and I find myself in the biggest battle of my life - to save my identity." This raises an interesting question: in most cases like this, we Slashdotters are quick to speak out in Payne's defense. But when the big bad corporations are game developers, do we still take the little guy's side?" Is this suit exposing a genuine rip-off, or is it just a naming coincidence?

Comments

Took him a while

[RQuinn]

If the game has done so much to steal his identity, then why has he waited two years since the game was released to sue?

Hate to say it but my instinct says he probably saw the marketing push for the sequel and thought "Hey they're putting a lot of money into this... I should get my hands on some of it"

Re:Took him a while

[Guppy06]

" If the game has done so much to steal his identity, then why has he waited two years since the game was released to sue?"

Maybe because he's not a gamer and doesn't spend a few hours a week perusing on-line reviews or looking at what the local EB is selling?

Re:Took him a while

[Enrico Pulatzo]

No, but if their lawyers are any good, they would have done their homework to know that the name "Max Payne" was pretty close to something someone else is/was using.

I doubt it was intentional

[PurpleFloyd]

It's just a really obvious pun, folks. Obvious enough that both a pro wrestler and game developers could come up with the name simeltaneously.

As for the wrestler Mr. Payne, he might have had a case if he hadn't waited so damned long. I find it amazing that he didn't at least hear from someone something along the lines of, "Hey, I saw a videogame that had your old stage name on it! Cool, huh?"

Even if he managed to not hear about it until now, you have to actively defend trademarks if you want to keep them. This means doing a modicum of research on your trademark - Googling it every month or so might not be a bad idea. He definatly would have had a case if he'd gone to the publishers before the game went gold, he might have had a (somewhat shaky) case if he sued right after the game hit shelves, but he doesn't have much of one now.

Finally, I don't see how he is in a "battle to save [his] identity." Most people can discriminate between a pro wrestler and a game character; the hypothetical "reasonable person" appealed to so often in court cases like this one certainly could. Sorry, Mr. Payne, you ain't getting squat.

Note: I'm not a lawyer, this isn't legal advice, contact a lawyer in your jurisdiction, you know the deal.

This is ridiculous...

[dmayle]

Stolen Identity? When was the last time a videogame created a fake driver's license or some credit cards?

This is no different than if some prostitute in a Duke Nukem game was named "Lolly Pop", and an ex-employee of the Bunny Ranch sued to make some extra cash. Max Payne is fairly high up on the list of obvious names for an action star.

huh?

[roka]

Rule#1 fits for SCO: "If you don't understand someone doing something obviously dumb, than it most probably is about something else."

Everyone knows he won't win that ridiculous case.
And since he is retired the publicity doesn't help a damn, right?

So I'll stick with rule #2 here: "If you don't understand someone doing something obviously dumb, than he most probably is just some bored retard"

Wait a mintue

[vcv]

Does he even have any ground to stand on, because of the extra "x" in his alias? It's like Jon Doe suing Fox for their John Doe TV series.

Re:other max paynes out there..

[0x0d0a]

If it *is* a real name, it cannot be trademarked.

Didn't he contradict himself?

[Doctor Cat]

"I left wrestling to come home to Utah and be with my family"

Doesn't that mean he wants his "identity" now to be "Darryl Peterson, retired former celebrity who spends time with his wife and kids and gets left alone"?

and I find myself in the biggest battle of my life - to save my identity

How about "to save my chance to cash in on somebody else using a name I was done with, since I'm greedy"? I mean, if the videogame was about a wrestler guy that looked like him, that'd be different. Isn't the Max Payne videogame about a non-wrestling cop who shoots people 'n stuff?

Frankly, if he sincerely wants to be retired and be with his family, having his old name associated with something new now would probably just get him less rabid wrestling fans pestering him and interfering with his new "Darryl Peterson, family man" focus. He should thank them, not sue them!